Search found 3 matches

by cw3van
Mon Mar 04, 2013 10:00 am
Forum: General Texas CHL Discussion
Topic: North Texas Irish Festival...
Replies: 21
Views: 3307

Re: North Texas Irish Festival...

ScottDLS wrote:
cw3van wrote:
RPBrown wrote:
AEA wrote:More importantly why did the cop lie?
Did he lie because he is ignorant of the Law?
Did he lie because in his mind only cops should carry guns?
Did he lie because he is being paid to lie by the Promoter?

Nothing against the LEO's that actually do their job and know the Laws. Only talking about twerps like this one.

I think it is really a shame that we ALLOW this to happen.
We need someone, when accosted illegally this way, to immediately get a Lawyer to obtain a Court Order to the Promoter to obey the Law or shut the event down. Right then, no fooling around as we did with Fair Park in the past to get them Legal. And I would have got the Officers name and made a report to his Chief (maybe even thru the same Lawyer).

It's time we STAND UP for our RIGHTS! Stop hiding in the bushes!
He lied (1) because he was asked and (2) he didn't know the law
Sorry sir don't believe the officer lied he was asked at that point gave his answer oral or written notice is effective notice not to carry in the location. Not knowing the law I think we're all quilty of this with everyone having opinions as to what this or that means concerning CHL signs (etc) can be very difficult at best. These officers have a tough job not as easy as it may seem. That being said I would love too see some clarity concerning CHL laws. Every class I'm asked "can I be arrested for walking past a gun buster sign" the answer is yes arrest is not conviction but the ride has a price to pay loss of carry until case is disposed of attorney fees (etc). Not because I'm a retired LEO but I always obey police when they tell me something not because they know every law but because they can arrest me for not. Please understand I believe we have a right to carry under the 2A but folks we have a long way to go get some things cleared up.
Well maybe he didn't lie, because by most people's definition that would require intent to deceive, which we don't know if he had. But what we do know is that he was wrong. The sign did NOT provide written notice under 30.06 which is very clearly defined in the code. Even if it did, Fair Park is owned by the city of Dallas and therefore PC 30.06 does not apply. It says so quite clearly in the law...

PC §30.06. TRESPASS BY HOLDER OF LICENSE TO CARRY CONCEALED HANDGUN.
...
(e) It is an exception to the application of this section that the property on which the license holder carries a handgun is owned or leased by a governmental entity and is not a premises or other place on which the license holder is prohibited from carrying the handgun under Section 46.03 or 46.035.
...

You'd think after almost 10 years, the news would have gotten out.
.
Understand what you're saying don't disagree what i'm saying is a LEO can and in rare cases do arrest if they believe effective notice has been given. I hope that our legislature will correct this at some point. We have no punishment if you display an improper sign evrything is left in the gray area so everyone has opinions on it. I have a CHL instructor friend of mine tell me LEOs could not arrest if a proper 30.06 sign was not displayed he told his students the same thing. That's just wrong police can arrest if in the officers opinion effective notice has been given not to carry in the location. I hope one of his students does not resist an arrest because of the instructors words. Guys again I'm on your side on this but must tell my students that they can be arrested maybe not convicted don't know.
by cw3van
Mon Mar 04, 2013 9:01 am
Forum: General Texas CHL Discussion
Topic: North Texas Irish Festival...
Replies: 21
Views: 3307

Re: North Texas Irish Festival...

RPBrown wrote:
AEA wrote:More importantly why did the cop lie?
Did he lie because he is ignorant of the Law?
Did he lie because in his mind only cops should carry guns?
Did he lie because he is being paid to lie by the Promoter?

Nothing against the LEO's that actually do their job and know the Laws. Only talking about twerps like this one.

I think it is really a shame that we ALLOW this to happen.
We need someone, when accosted illegally this way, to immediately get a Lawyer to obtain a Court Order to the Promoter to obey the Law or shut the event down. Right then, no fooling around as we did with Fair Park in the past to get them Legal. And I would have got the Officers name and made a report to his Chief (maybe even thru the same Lawyer).

It's time we STAND UP for our RIGHTS! Stop hiding in the bushes!
He lied (1) because he was asked and (2) he didn't know the law
Sorry sir don't believe the officer lied he was asked at that point gave his answer oral or written notice is effective notice not to carry in the location. Not knowing the law I think we're all quilty of this with everyone having opinions as to what this or that means concerning CHL signs (etc) can be very difficult at best. These officers have a tough job not as easy as it may seem. That being said I would love too see some clarity concerning CHL laws. Every class I'm asked "can I be arrested for walking past a gun buster sign" the answer is yes arrest is not conviction but the ride has a price to pay loss of carry until case is disposed of attorney fees (etc). Not because I'm a retired LEO but I always obey police when they tell me something not because they know every law but because they can arrest me for not. Please understand I believe we have a right to carry under the 2A but folks we have a long way to go get some things cleared up.
by cw3van
Sun Mar 03, 2013 10:14 pm
Forum: General Texas CHL Discussion
Topic: North Texas Irish Festival...
Replies: 21
Views: 3307

Re: North Texas Irish Festival...

jimlongley wrote:
rugerbd wrote:He said that I was not allowed to carry and when I mentioned that they didn't have the proper sign posted, etc. he said (word for word) "It doesn't matter. It is their prerogative. They don't want you to carry so you can't." I thanked him, walked back to my car and put my gun in the lock box. Went back in a still enjoyed the Festival even though I was a little miffed about the whole situation.
The cop lied.
The sad thing about our CHL laws concerning LEOs if they believe effective notice has been given they will arrest you. Will you beat the case don't know depends on where you were arrested if Austin very liberal whos knows. Worked for a DA who would always say you never know what a jury is going to do. If you win you still have an arrest record that shows up & you lose your CHL until the case is disposed of. Wish the state law makers would take care of this define some CHL laws. Anyway we as CHL holders don't break the law so no test cases to draw from. :banghead:

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